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12 U.S.C. § 5565 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5565 — Definitions

For purposes of this part, the following definitions shall apply: (1) **Bureau investigation** — The term “Bureau investigation” means any inquiry conducted by a Bureau investigator for the purpose of ascertaining whether any person is or has been engaged in any conduct that is a violation, as defined in this section. (2) **Bureau investigator** — The term “Bureau investigator” means any attorney or investigator employed by the Bureau who is charged with the duty of enforcing or carrying into effect any Federal consumer financial law. (3) **Custodian** — The term “custodian” means the custodian or any deputy custodian designated by the Bureau. (4) **Documentary material** — The term “documentary material” includes the original or any copy of any book, document, record, report, memorandum, paper, communication, tabulation, chart, logs, electronic files, or other data or data compilations stored in any medium. (5) **Violation** — The term “violation” means any act or omission that, if proved, would constitute a violation of any provision of Federal consumer financial law.

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Stable record: federal_law:legal_authorities:record_usc_98949236be812d2d36ccb94a
Source file: Laws/federal/codes/united-states-code/title-12/section-5565-definitions--91133e55fb.md
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Source location: Title 12, Chapter 53, § 5565; chapter-053-wall-street-reform-and-consumer-protection.md

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For purposes of this part, the following definitions shall apply: (1) **Bureau investigation** — The term “Bureau investigation” means any inquiry conducted by a Bureau investigator for the purpose of ascertaining whether any person is or has been engaged in any conduct that is a violation, as defined in this section. (2) **Bureau investigator** — The term “Bureau investigator” means any attorney or investigator employed by the Bureau who is charged with the duty of enforcing or carrying into effect any Federal consumer financial law. (3) **Custodian** — The term “custodian” means the custodian or any deputy custodian designated by the Bureau. (4) **Documentary material** — The term “documentary material” includes the original or any copy of any book, document, record, report, memorandum, paper, communication, tabulation, chart, logs, electronic files, or other data or data compilations stored in any medium. (5) **Violation** — The term “violation” means any act or omission that, if proved, would constitute a violation of any provision of Federal consumer financial law.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5582 — Relief available

**(a) Administrative proceedings or court actions** (1) **Jurisdiction** — The court (or the Bureau, as the case may be) in an action or adjudication proceeding brought under Federal consumer financial law, shall have jurisdiction to grant any appropriate legal or equitable relief with respect to a violation of Federal consumer financial law, including a violation of a rule or order prescribed under a Federal consumer financial law. (2) **Relief** — Relief under this section may include, without limitation— (A) rescission or reformation of contracts; (B) refund of moneys or return of real property; (C) restitution; (D) disgorgement or compensation for unjust enrichment; (E) payment of damages or other monetary relief; (F) public notification regarding the violation, including the costs of notification; (G) limits on the activities or functions of the person; and (H) civil money penalties, as set forth more fully in subsection (c). (3) **No exemplary or punitive damages** — Nothing in this subsection shall be construed as authorizing the imposition of exemplary or punitive damages. **(b) Recovery of costs** In any action brought by the Bureau, a State attorney general, or any State regulator to enforce any Federal consumer financial law, the Bureau, the State attorney general, or the State regulator may recover its costs in connection with prosecuting such action if the Bureau, the State attorney general, or the State regulator is the prevailing party in the action. **(c) Civil money penalty in court and administrative actions** (1) **In general** — Any person that violates, through any act or omission, any provision of Federal consumer financial law shall forfeit and pay a civil penalty pursuant to this subsection. (2) **Penalty amounts**

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5565 — Relief available

Page 1988 TITLE 12—BANKS AND BANKING § 5565 (B) Bureau authority In any action arising solely under an enu- merated consumer law, the Bureau may commence, defend, or intervene in the ac- tion in accordance with the requirements of that provision of law, as applicable. (C) Transferred authority In any action arising solely under laws for which authorities were transferred under subtitles F and H, the Bureau may com- mence, defend, or intervene in the action in accordance with the requirements of that provision of law, as applicable. (Pub. L. 111–203, title X, § 1054, July 21, 2010, 124 Stat. 2028.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (b), (d)(2)(C), (f), and (g)(1), (2)(A), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Pro- tection Act of 2010, which enacted this subchapter and enacted, amended, and repealed numerous other sec- tions and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables. Subtitle F, referred to in subsec. (g)(2)(C), is subtitle F (§§ 1061–1067) of title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 2035, which is classified generally to part F (§ 5581 et seq.) of this subchapter. For complete classi- fication of subtitle F to the Code, see Tables. Subtitle H, referred to in subsec. (g)(2)(C), is subtitle H (§§ 1081–1100H) of title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 2080. For complete classification of sub- title H to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the designated transfer date, see section 1058 of Pub. L. 111–203, set out as a note under section 5561 of this title. § 5565.

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